The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In full view of the contents of the agreement between the defendant and the victim D in K hotel and the defendant's behavior after the agreement, the facts charged of this case that the defendant received the operation right of "F main points" in Gangnam-gu Seoul E building (hereinafter "F main points") from the victim in return for returning promissory notes to the victim is found guilty.

Judgment

The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes the judge feel true beyond reasonable doubt. Thus, if there is no such evidence, the doubt of guilt is against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the aforementioned legal principles, the following facts are established: (a) as indicated in the reasoning of the lower judgment, based on the evidence duly adopted and examined by the lower court; (b) it appears that there was no specific agreement on how the Defendant would settle the FJ claims and obligations; (c) even after August 12, 201, the entire details of the FJ revenues were not combined or managed by the Defendant; and (d) some of the proceeds were remitted to the victim; (c) the victim was transferred the right to operate FJ points around August 12, 201 to the Defendant; and (e) the victim was held liable for the payment of the FF points at the time of sale; and (e) the Defendant made a statement to the victim, not the victim, at the time of sale; and